Conduct probe into youth’s death during riots without influence: HC to police

A viral video shows the victim being beaten by policemen, forced to sing the national anthem

March 16, 2022 01:21 am | Updated 01:21 am IST - New Delhi

The Delhi High Court on Tuesday told the police to complete the investigation in a case concerning the death of a 23-year-old man who was forced to sing the national anthem during the 2020 north-east Delhi riots, without influence from any side.

Justice Chandra Dhari Singh said he was not interfering with the manner of the investigation but “the son of a mother has died. I’m not commenting on how and when [but] it has to be taken very seriously” and dealt with as per the law.

The incident relates to a video that had gone viral in which the deceased, Faizan, could be seen allegedly being beaten by policemen while being forced to sing the national anthem and ‘Vande Mataram’. The deceased’s mother Kismatun has sought a direction of the High Court for a speedy and proper investigation.

During the hearing, the DCP concerned told the court that the case involves “technical evidence” and that the investigation has “zeroed down a head constable making the video” and not assaulting the victim and that no stone was being left unturned in the probe.

No ground to disbelieve

The court remarked that there was “no ground to disbelieve” one of the highest officers in the police machinery. It was informed that the agency will take eight more weeks to complete the probe. “This court has no ground to disbelieve one of the highest-ranking officers ... [I’m asking you to] without influence investigate the matter as per the mandate of the CrPC (Criminal Procedure Code) and Delhi Police manual,” the High Court said.

Ms. Kismatun has sought constitution of a court-monitored Special Investigation Team (SIT) to probe into the alleged custodial death of her son Faizan, 23, who was last seen in the viral video.

Ms. Kismatun, in her petition, has alleged that “the policemen kicked the five Muslim men with their boots, beat them and prodded them with their lathis and taunted them saying, ‘Yeh loh azaadi [Here, take freedom]’, and forced them to sing the national anthem while they were lying down, helpless and in a grievously wounded condition”.

The mother alleged that her son was in the “control and custody of the policemen from the time he was wrongfully confined and assaulted on February 24, 2020, till he was finally released in a precarious health condition on February 25, 2020, from Jyoti Nagar Police Station around 11 p.m.”.

Faizan succumbed to injuries the next day at Lok Nayak Hospital.

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